Represented a developer in successfully defeating effort to prevent our client's construction of a 26-story dormitory for New York University in the East Village, based upon a challenge to the transfer of development (air) rights by the United States Postal Service, an entity that is exempt from zoning regulations. Again, we defeated the motion for preliminary injunction and secured a dismissal of the case. We also defeated Plaintiffs' challenge to the air rights transfer before the NYC Board of Standards and Appeals.
Loeb & Loeb attorneys David Satnick and Helen Gavaris, on behalf of their client Hudson Companies, successfully defeated an effort by local civic groups, political clubs and neighbors to prevent the construction of a 26-story dormitory for NYU to be built at the former St. Ann's Church, utilizing airs rights transferred to Hudson Companies by the U.S. Postal Service. The plaintiffs' based their challenge on the fact that since the USPS is itself exempt from New York City's zoning resolutions, and therefore could expand their building at any time, even after transferring air rights to Hudson Companies, the air rights transfer was illusory and unenforceable. Upon our motion, the case was dismissed and the plaintiffs' preliminary injunction request was denied based on their failure to exhaust administrative remedies and to establish a likelihood of success on the merits.